MPs vote to send ‘Free Willy’ bill to committee

A bill that would ban whale and dolphin captivity in Canada is off to the House fisheries committee for further study.

Bill S-203 was debated in the House of Commons for a second time Friday afternoon and MPs then voted to move it along, with the backing of the NDP and Liberals.

“I strongly support this bill, like many Canadians,” said parliamentary secretary Peter Schiefke.

Young and old alike, people have “listened to the science and learned that these incredible creatures do not belong in swimming pools no matter how large. This is indeed good news. The movement against captivity of whales continues to grow around the world.”

He said that is something the government has taken notice of. As part of its overhaul of the Fisheries Act, there are provisions that would allow the minister to put regulations in place to ban the import and export of cetaceans. But he said they must do more.

“That is why we need to make it clear through legislation that indeed whales do not belong in captivity.”

Schiefke said this legislation “will make sure whales stay where they belong — in the wild.”

Will Amos, the Liberal MP for Pontiac, Que., echoed that sentiment.

“Canadians are expecting more action on this issue. We need to do a better job of protecting our whales and dolphins,” he said.

“Banning captivity would demonstrate a concrete step toward international leadership on this key animal welfare issue.”

Anne Minh-Thu Quach, the NDP MP for Salaberry—Suroît, said her party is also on board.

“The NDP supports this bill because it has the support of Canadians and researchers. Canada can do a lot more to … end the inhumane treatment of these animals,” she said.

“When they’re captive they are prisoners. And they’re also forced to entertain tourists. All the evidence shows captivity does not meet their social or biological needs. They need to be able move freely and dive deeply.”

The NDP believes the government should support ethical research on cetaceans which is done in their natural environment and gives a realistic view of their behaviour “without imposing harm and pain.”

“Cetaceans in captivity suffer and that is not justifiable,” Quach said.

“This should not be a partisan issue. It’s a moral issue supported by science.”

The Ending the Captivity of Whales and Dolphins Act was first introduced by former senator Wilfred Moore in December 2015. In addition to banning captivity, it includes a grandfather clause for those animals already in facilities in Canada, and permits legitimate research, as well as the rescue of animals in distress. It would also ban the trade of reproductive materials, though nothing in the bill criminalizes the conduct of researchers. At committee in the Senate, the bill was amended to affirm the rights of Indigenous peoples.

Sen. Murray Sinclair took on sponsorship when Moore retired in January 2017.

The entire time the bill was in the Red Chamber, it was up against a tide of Tory opposition led by Sen. Don Plett, the Conservative whip and caucus critic of the bill, who repeatedly used procedural obstruction to keep it from moving to a vote. It was a tactic that appeared to have the support of the Conservative caucus.

Now that it’s moved on to the House, Todd Doherty, the Tory MP for Cariboo—Prince George in British Columbia, made clear he won’t be supporting the legislation.

“Essentially what this bill will do is shut down the important research work done by professionals at the Vancouver Aquarium,” he said. “While I know (Elizabeth May’s) intentions are good, I’m afraid her concerns are perhaps misstated. “

Doherty said the aquarium has contributed to conservation research for more than 60 years and has unique expertise to save species at risk.

“The aquarium is (an ideal) situation to conduct research that provides real-world relevance.”

It’s one of two facilities that keep cetaceans captive in Canada. After a number of deaths, there is now only one rescued dolphin at the aquarium that is not able to be released. The facility has come out publicly to say it will no longer keep cetaceans in captivity.

In Niagara Falls, Marineland has an estimated 60 whales and dolphins in its tanks.

“We’re very concerned about the fate of those animals,” Green Party Leader Elizabeth May said.

As the bill’s sponsor in the House, she reiterated that the goal isn’t to harm any business, but rather “to encourage them to transition,” and make clear animals don’t need to be harmed to have a business.

Between February and October of 2017, the Senate Standing Committee on Fisheries and Oceans held more than 17 hearings and heard from more than 40 witnesses on Bill S-203. Given the thorough study it has already undergone, May said “the bill is ready for passage.”

She thanked the Liberals and the NDP for their support, and said she hopes the Conservatives change their view in the face of “abundant” scientific evidence.

“We know that for cetaceans, captivity is torture. It’s time we put an end to it.”